Other conditions decisions — 2004

The Board found that the veteran's current lung disability is not related to his active duty service, including any exposure to asbestos during such service.

The VA determined that the veteran's onychomycosis of toenails did not warrant a rating higher than 10 percent, as it did not meet the criteria for more severe evaluations based on the extent and nature of his condition.

The Board has remanded the case due to incomplete notification and development under the Veterans Claims Assistance Act of 2000 (VCAA). The appellant's appeal for payment of accrued VA DIC benefits in excess of $1,530.36 is now pending.

The Board has determined that no new and material evidence was presented to reopen the claims for service connection for deflected nasal septum and fracture of left cheekbone. The veteran's claim is denied.

The veteran's military service does not meet the threshold service eligibility requirements for VA pension benefits due to lack of qualifying wartime service.

The appellant is not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran at the time of his death.

The Board has determined that the claim for an earlier effective date for nonservice connected pension benefits remains open and must be reevaluated under applicable regulations.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination and obtaining all pertinent medical records.

The VA determined that the veteran's condition, including diplopia with recurrent pterygium of the right eye and symblepharon of the left eye, warrants a 10 percent disability rating. The decision was based on the visual acuity impairment in her right eye.

The Board has reopened the veteran's claims for service connection for right and left hallux valgus, finding that new evidence supports this claim. The veteran's pre-existing hallux valgus deformities were aggravated by his military service.

The Board has determined that further development is needed to determine if the cause of the veteran's death was related to service, including obtaining medical records and a VA opinion.

The Board has reopened the veteran's claim of entitlement to service connection for a bilateral hip and leg disability due to new evidence submitted since the last denial. The claim will be further adjudicated by the RO.

The Board denied the veteran's claims of service connection for a gallbladder disorder with cholecystectomy as secondary to her hiatal hernia and an increase in rating for her hiatal hernia. The veteran was granted a 30% rating for her hiatal hernia.

The Board denied the veteran's claims to reopen his service connection for postoperative residuals of a right inguinal hernia and bilateral varicocele, as well as his claim for a skin disability. The evidence submitted did not meet the criteria for new and material evidence.

The Board found that the veteran's current right foot disabilities were not incurred in or aggravated by active service and are not presumed to have been incurred due to a disease onset within one year of discharge. The claim for service connection was denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his injuries were not incurred or aggravated by military service.

The veteran is not entitled to additional disability compensation for his oldest son who turned 18 and was attending school during the period when he also received military retired pay.

The veteran is seeking an extension of the delimiting date for receiving Chapter 30 educational benefits. The Board denied this claim as there was no recognized basis in the law to extend the delimiting date.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that no formal or informal claims were filed prior to March 7, 1995.

The Board has granted the veteran's claim for service connection for squamous cell carcinoma of the larynx and tongue, finding that it is presumptively associated with exposure to herbicide agents during his Vietnam service.